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White Collar and Government Enforcement

Employers must contend with complex new regulations while facing increased scrutiny and an unprecedented threat of government enforcement actions and potential criminal proceedings at both the state and federal levels.

Overview

Our team of attorneys—which includes former federal and state prosecutors and enforcement attorneys from the Department of Justice, Department of Homeland Security, Department of Labor and other government agencies—understands the risks employers face on a daily basis and has the experience necessary to guide clients through virtually any type of investigation or enforcement action.

In an area of the law where initial actions can have long-term consequences, we are available at a moment’s notice to help clients prepare for and defend criminal investigations, quasi-criminal regulatory proceedings and grand jury matters, as well as related civil litigation. We advise clients in all aspects of criminal and regulatory proceedings, including interviews, hearings, trials and appeals.

Building on the firm’s vast expertise in workplace law compliance counseling, our White Collar & Government Enforcement Practice Group provides advice to corporations, institutions, business executives and other professionals. While our attorneys are well-versed in the defense of virtually any type of white collar criminal action that may be brought against a corporation or individual client, we have particular expertise in criminal and enforcement matters related to workplace law matters, such as:

  • Immigration and worksite enforcement actions;
  • Health care fraud investigations;
  • Employee embezzlement and internal fraud matters;
  • Tax matters; and
  • Theft of intellectual property and trade secrets.

In addition, we advise clients on:

  • Antitrust matters;
  • Fraud charges (finance, government contracts, mail and wire fraud);
  • Professional license and disciplinary proceedings;
  • Securities violations and financial crime investigations, money laundering, racketeering, bribery and corruption (including under the Foreign Corrupt Practices Act) and kickback claims;
  • Environmental enforcement; and
  • Other alleged violations of federal and state law.

Our attorneys also have experience with international extradition proceedings and in conducting internal investigations globally.

In all matters, we understand the level of preparation and attention to detail that is required to provide our clients with the very best representation. As an integral part of our practice, our attorneys are skilled at conducting sensitive internal investigations for clients either in anticipation of, or parallel to, government probes, or into suspected illegal or questionable conduct by employees, contractors or related parties. Finally, working closely with Jackson Lewis' Corporate Governance Practice Group, we pride ourselves on the ability to think preventively in order to help clients manage risk, improve compliance efforts, defend qui tam/whistleblower actions, and respond to allegations of misconduct before a crisis ensues.

To the extent that criminal or investigative matters require resources outside the United States, we work closely with our firm's International Employment Issues Practice Group and partner with firms in our international L&E Global network.

The Team

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November 10, 2016

Workplace Law Under President-Elect Donald Trump: What to Expect

November 10, 2016

President-elect Donald Trump will assume office on January 20, 2017, with a Republican majority in both the Senate and the House of Representatives. While it is difficult to predict whether the new administration will be able to deliver on President-elect Trump’s campaign promises, we can expect significant policy and enforcement... Read More

September 27, 2016

Criminal Liability for Failure to Contribute to Multiemployer Benefit Fund?

September 27, 2016

The precarious financial status of some multiemployer benefit funds has led to criminal indictment against non-contributors. This troubling expansion of potential sanctions for failure to make required contributions to multiemployer benefit plans appears in a case from the U.S. District Court for the District of Massachusetts. In... Read More

April 1, 2016

Law Enforcement Cannot Freeze Assets Not Tied to Crimes, Supreme Court Rules

April 1, 2016

The U.S. Supreme Court, in a 5-to-3 decision, has ruled that federal law enforcement may not freeze an accused’s assets needed to pay criminal defense lawyers if the assets are not linked to a crime. Luis v. United States, No. 14-419 (Mar. 30, 2016). A federal statute provides that a court may freeze before trial certain assets... Read More

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October 24, 2016
The Boston Globe

Paul Kelly Comments on TelexFree Co-owner Carlos Wanzeler

October 24, 2016

Paul Kelly comments on the sentencing of TelexFree CEO James Merrill and business partner, Carlos Wanzeler in "CEO of TelexFree pleads guilty, faces up to 10 years in prison," published in The Boston Globe. Subscription may be required to view article Read More

June 30, 2016
The Boston Globe

Paul Kelly Comments on Tim Sullivan's Indictment

June 30, 2016

Paul Kelly comments on Tim Sullivan's indictment in "What could be next for Boston Calling investigation," published by The Boston Globe. Subscription may be required to view article     Read More

May 5, 2016
El Nuevo Dia

Juan Felipe Santos Discusses Implications of Amendments to White-Collar Exemption Regulations

May 5, 2016

Juan Felipe Santos discusses upcoming amendments to the white-collar exemption regulations and their potential impact in Puerto Rico due to the current economic crisis in El Nuevo Dia’s “En camino aumento salarial para los exentos.” Subscription may be required to view article. Read More

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U.S. Securities and Exchange Commission Surpasses $100 Million in Awards Through Whistleblower Program
September 22, 2016

On August 30, 2016, the U.S. Securities and Exchange Commission (“SEC”) announced that it surpassed the $100 million mark in monetary awards for whistleblowers. Read More

Sometimes a Complaint is Just a Complaint: Eighth Circuit Applies Reasonableness Standard to Reject Employee’s SOX Retaliation Claim
August 19, 2016

Earlier this summer, in Beacom v. Oracle, the U.S. Court of Appeals for the Eighth Circuit affirmed summary judgment dismissing the SOX and Dodd Frank Act claims of an employee who was fired from his Vice President position after he says that he complained about changes in his employer’s financial forecasting. Read More

Supreme Court Decision Restricts Government Prosecution of Political Corruption
August 11, 2016

In a unanimous 8-0 decision, the U.S. Supreme Court has vacated the political corruption convictions of former Virginia Governor Robert F. McDonnell for conspiracy to commit honest services fraud and Hobbs Act extortion and making false statements to federal officials. McDonnell v. United States, No. 15-474, 579 U.S. ___ (2016). Read More